After a brief summons arraignment for Capt. Michael Miller Monday morning, attorney John McGlone III said charges against Miller could be dropped because his wife has invoked the marital exemption against testifying.

“Without the victim, there’s no case,” McGlone said.

McGlone said he expects Plymouth District Court Judge Brian Gilligan to dismiss the aggravated assault and battery charge Thursday, at the request of the Plymouth County District Attorney’s Office.

Plymouth County Assistant District Attorney Bridget Norton Middleton declined to confirm McGlone's comments. But she said prosecutors "would have to assess the rest of the case" if Miller's wife does invoke her marital privilege.

Quincy Police Chief Paul Keenan couldn’t be immediately reached for comment about the possibility of a dismissed case and how that would affect Miller's status. Miller has been on paid administrative leave since his arrest. His gun license was temporarily revoked, and police took his gun.

Miller, 49, of Quincy, declined comment as he left the court Monday. The 25-year police veteran was arrested July 6, the day after the assault allegedly occurred at his wife’s Plymouth residence, and released on personal recognizance.

Police said Miller went to his wife’s residence the afternoon of July 5 to pick up their 5-year-old daughter for the weekend. In the Plymouth police report, his wife alleged that Miller struck her with the apartment’s front door as he entered and she stood behind the door. In the report Miller said the incident did not happen.

His wife initially declined to press charges or seek a restraining order, but took both actions the night of July 5, after she sought treatment at South Shore Hospital.

McGlone said Gilligan did approve a prosecutors’ request to obtain medical records from the hospital and the ambulance service that took Miller’s wife there.

He said prosecutors want to be sure there’s no other factual grounds to pursue the case.Miller's case comes just two weeks after suspended Waltham police chief Thomas LaCroix was convicted of two counts of assault and battery against his wife Andrea LaCroix in 2012, despite her testimony that her husband never attacked her.

But LaCroix's case featured significant differences. Unlike Miller's single alleged assault, Andrea LaCroix's friends testified to numerous attacks. One friend of Andrea LaCroix testified that she witnessed the police chief assault his wife, while two others said Andrea LaCroix told them she'd been beaten.

LaCroix resigned as police chief two weeks after he was sentenced to 18 months probation.

McGlone said Miller continues to be “disappointed and upset” by his wife's allegations. He said Miller expects to resume his police career with no problems.

But McGlone said that after the captain retires from the Quincy force “there will always be a notation” on any future job applications, because he’ll have to indicate that he was on probation, however briefly.